BOARD OF ADJUSTMENT MEETING
MINUTES NO. 04-03
PRESENT: Bud Evans, Member
Mike Fischer, Member
Laura Lewandowski, Member
Doug Wright, Member
Mike Melhado, 1st Alternate
Paul Gougelman, Town Attorney
Mike McCaughin, Building Official
Barbara Brownlie, Secretary
ABSENT: Brian Dullaghan, Vice Chairman Bud Evans, 1st Alternate
Jack Kish,2nd Alternate
1. CALL TO ORDER AT 5:30 PM
2. OATH OF OFFICE FOR NEW MEMBERS
A. Mike Fischer, Member
B. Doug Wright, Member
C. Mike Melhado, 1st Alternate
D. Jack Kish, 2nd Alternate
Attorney Gougelman administered the Oath of Office to Mr. Fischer, Mr. Wright and Mr. Melhado.
3. ELECTION OF OFFICERS
A. Mr. Fischer nominated Bud Evans as Chairman. Mr. Evans was elected unanimously.
Attorney Gougelman passed the gavel to the new chairman.
The Pledge of Allegiance was recited.
B. Mr. Evans nominated Laura Lewandowski as Vice Chairman. Ms. Lewandowski was elected unanimously.
4. APPROVAL OF PRIOR MEETING MINUTES
A. Minutes No. 04-02– November 6, 2003
Ms. Lewandowski moved to approve Minutes No. 04-02. Mr. Melhado seconded.
Attorney Gougelman clarified that all members must vote on the item even though they were not present at the meeting.
Motion carried unanimously.
5. VARIANCE REQUEST
A. A variance request filed by Barry and Nancy Kronman regarding Lot 8 and part of Lot 7, Blk 67, 1212 So Riverside Dr. A variance is being requested to Code Section 17-103(b)(3)a) requiring that an RV shall only be located to the rear of the front structure line of the property and of the adjacent property. The effect of the variance, if granted, would be to allow a boat/trailer to extend beyond the front structure lines of the subject property and abutting property.
Dr. Kronman, 1212 So Riverside Dr., referred to the lot drawing and pictures he had submitted with the application.
Pointing out the unique configuration of the structure on his property, Dr. Kronman maintained that, if the Board designates the front structure line as his concrete wall, the RV is not in violation on his property.
Dr. Kronman stated that the boat and trailer had been in essentially the same position since 1974 and that the site had been inspected numerous times over the years and no violations had been determined. He felt that this set a precedent for this particular property.
Dr. Kronman stipulated that the code had been changed to prohibit an RV from extending beyond the front structure line of the neighboring property. He pointed out the depth of the lots along Riverside and the lack of uniform front setbacks on those properties make compliance not possible on his property.
Dr. Kronman also pointed out that he had not been cited but was applying for a variance to comply with the code as it had been revised.
He maintained that the change in the code created a hardship where none existed before and that there was no practical way to meet the code because of pre-existing structures on the side lot.
Dr. Kronman also indicated that he had made a major effort to comply by cutting down six trees on the south side lot but was still unable to back the RV a sufficient distance.
Dr. Kronman maintained that denying the variance would deprive him of reasonable use of his property and that the concrete wall and substantial plantings provide an ample barrier from the neighboring property.
Dr Kronman entered into the record a letter from neighbors stating they had no objection to the location of the boat and trailer.
Ms. Lewandoski stated that the unusual setbacks of the neighboring properties make the situation unique.
Attorney Gougelman clarified that the lots along the river are deeper than in other locations within the Town and thus are exceptions to the rule. He pointed out that the homes are older and that there is a lack of uniformity to the setbacks.
Mr. Fischer pointed out a problem with the wording of the code referring to abutting properties as it pertains to older structures that are being restored.
Mr. Melhado saw no way Dr. Kronman could comply with the code as written and applauded his efforts to comply in keeping with the spirit of preventing eyesores.
Ms. Lewandowski supported granting the variance with the stipulation that the boat remain behind Dr. Kronman’s own front structure line.
Mr. Fischer moved to approve the variance with the stipulation that the RV remain behind the front structure line specified for this particular property as the “5 ½ to 6 ft. concrete wall with metal electric security gates” running along the frontage of the property as depicted on the attached exhibit. Mr. Wright seconded.
Mr. McCaughin raised the issue of the interpretation of the front structure line and it was clarified that this is a unique definition particular to this case and will not create a precedent.
Motion to approve the variance as stipulated carried unanimously.
Dr. Kronman complimented the Building Official as to his fine work.
6. ADJOURNMENT
The meeting adjourned at 6:15 PM.
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Bud Evans, Chairman
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Barbara Brownlie, Secretary